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F:\FILESIDAT AFILEIGenera1ICurrenII11822.I.pet.l Imas
Crealed: 9/20/04 0:06PM
Revised: 10/9/06 11 :07 AM
9500.400
WHITNEY CASTLE, a minor, by her
Parents and Legal Guardians,
PHILIP D. CASTLE and
LINDA A. CASTLE,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
Petitioners,
v.
NO. ~- l-2bS
eCJ<-L 't- ~
JAMES J. CESSNA,
Respondent.
PETITION FOR COURT APPROVAL OF
MINOR'S STRUCTURED SETTLEMENT
1. Petitioners, Philip D. Castle and Linda A. Castle, are adult individuals residing at185
Regal View, Carlisle, Cumberland County, Pennsylvania 17015.
2. Petitioner, Whitney Castle, is a minor individual whose date of birth is September 17,
1989.
3. Respondent, James J. Cessna, is an adult individual residing at 102 South Orange
Street, Carlisle, Cumberland County, Pennsylvania 17013. Respondent was a minor on the date of
the accident.
4. On August 19,2005, Respondent was the driver of a 1983 Honda Accord in which
Petitioner, Whitney Castle, was a passenger.
5. On the same date, Respondent was involved in a motor vehicle accident where
Petitioner Whitney suffered injuries that required medical treatment.
6. Petitioner Whitney was required to obtain medical treatment as a result of this
accident. The parties have agreed to settle any claims Petitioner Whitney would have for
$25,000.00. The settlement would include a purchase of an annuity with a present value or cost of
$18,750.00 and periodic payouts on the following dates: $4,750.00 on September 17, 2010;
$4,751.00 on September 17,2012; and a final disbursement of $9,249.00 on September 17,2014.
The remaining $6,250.00 would be paid to Petitioners' attorney.
7. The annuity will make guaranteed lump sum payments to Petitioner Whitney of
$5,412.00 on September 17,2010; $6,029.00 on September 17,2012; and a final disbursement of
$13,200.00 on September 17,2014, for a total guaranteed payment of $24,641.00.\
8. Petitioners Philip D. Castle and Linda A. Castle have executed a Consent, which is
attached hereto as Exhibit "A."
WHEREFORE, Petitioners request that this Court approve the settlement of the above-
referenced matter and authorize Petitioners Philip D. Castle and Linda A. Castle to sign the
Settlement Agreement and Release which is attached hereto as Exhibit "B."
Respectfully submitted,
MARSTON DEARDORFF WILLIAMS & OTTO
Dated:
If) - t-~ ~ "r;,
BY:CR~ $ ;e
Christopher E. Rice
J.D. No. 90916
10 East High Street
Carlisle, Pennsylvania 17013
717-243-3341
Attorneys for Petitioners
EXHIBIT A
WHITNEY CASTLE, a minor, by her
Parents and Legal Guardians,
PHILIP D. CASTLE and
LINDA A. CASTLE,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Petitioners,
v.
NO.
JAMES J. CESSNA,
Respondent.
CONSENT OF PETITIONERS AND LEGAL GUARDIANS
The undersigned, Philip D. Castle and Linda A. Castle, Petitioners in the above-captioned
action and parents of Whitney Castle, a minor, have read the foregoing Petition for Court Approval
of Minor's Structured Settlement and have reviewed the terms of the Petition and hereby consent to
the Petition and hereby agree to said settlement.
,~~
Philip D. Castle, as Parent and Legal Guardian of
Whitney Castle, a minor
,,~~) ~~~~
Lirt6a A. Castle, as Paren and Legal Guardian of
Whitney Castle, a minor
EXHIBIT B
Settlement Ae:reement and Release
This Settlement Agreement and Release (the "Settlement Agreement") is made and entered
into this day of ,20_, by, between, and among:
"Claimants"
Whitney Castle, a minor, by and through Philip D. Castle and Linda Castle, her
parents and natural guardians, and Philip D. Castle and Linda Castle,
individually
"Insureds"
Richard Cessna, Kathy Cessna and James Cessna
"Insurer"
Penn National Insurance Company
Recitals
A. On or about the 191h day of August 2005, the minor Claimant, Whitney Castle, was
injured as a result of an accident occurring in or around Cumberland County, Pennsylvania. Claimants
allege that the accident and resulting physical and personal injuries arose out of certain alleged negligent
acts or omissions of Insureds, and have made a claim seeking monetary damages on account of those
injuries.
B. Insurer is the liability insurer of the Insureds, and as such, would be obligated to pay any
claim made or judgment obtained against Insureds which is covered by its policy with Insureds.
C. The parties desire to enter into this Settlement Agreement in order to provide for certain
payments in full settlement and discharge of all claims which have, or might be made, by reason of the
incident described in Recital A above, upon the terms and conditions set forth below.
Agreement
The parties agree as follows:
1.0 Release and Discharge
1.1 In consideration of the payments set forth in Section 2, Claimants hereby completely
release and forever discharge Insureds and Insurer from any and all past, present or future claims,
demands, obligations, actions, causes of action, wrongful death claims, rights, damages, costs, losses of
services, expenses and compensation of any nature whatsoever, whether based on a tort, contract or other
theory of recovery, which the Claimants now have, or which may hereafter accrue or otherwise be
acquired, on account of, or may in any way grow out of the incident described in Recital A above
including, without limitation, any and all known or unknown claims for bodily and personal injuries to
Whitney Castle, or any future wrongful death claim of Claimants' representatives or heirs, which have
resulted or may result from the alleged acts or omissions of the Insureds.
1.2 This release and discharge shall also apply to Insureds' and Insurer's past, present and
future officers, directors, stockholders, attorneys, agents, servants, representatives, employees,
subsidiaries, affiliates, partners, predecessors and successors in interest, and assigns and all other
persons, firms or corporations with whom any of the former have been, are now, or may hereafter be
affiliated.
1.3 This release, on the part of the Claimants, shall be a fully binding and complete
settlement among the Claimants, the Insureds and the Insurer, and their heirs, assigns and successors.
1.4 The Claimants acknowledge and agree that the release and discharge set forth above is a
general release. Claimants expressly waive and assume the risk of any and all claims for damages which
exist as of this date, but of which the Claimants do not know or suspect to exist, whether through
ignorance, oversight, error, negligence, or otherwise, and which, if known, would materially affect
Claimants' decision to enter into this Settlement Agreement. The Claimants further agree that Claimants
have accepted payment of the sums specified herein as a complete compromise of matters involving
disputed issues of law and fact. Claimants assume the risk that the facts or law may be other than
Claimants believe. It is understood and agreed to by the parties that this settlement is a compromise of a
disputed claim, and the payments are not to be construed as an admission of liability on the part of the
Insureds, by whom liability is expressly denied.
1.5 The Claimants hereby discharge and agree to indemnify and save harmless the Insureds
and the Insurer from any liens asserted by any health care provider, hospital, insurer, or attorney for
medical expenses, hospital expenses, lost earnings, payments, attorneys liens, subrogation claims or liens
and any workers' compensation liens as a result of this accident or occurrence.
2.0 Payments
In consideration of the release set forth above, the Insurer on behalf of the Insureds agree to pay
to the individual named below ("Payee") the sums outlined in this Section 2 below:
Page 2 of6
2.1 Payments due at the time of settlement as follows:
$6,250.00 upfront cash, inclusive of attorney fees and expenses
2.2 Periodic payments made to Whitney Castle according to the schedule as follows (the
"Periodic Payments"):
$5,412.00 guaranteed lump sum, payable on September 17, 20 I 0
$6,029.00 guaranteed lump sum, payable on September 17, 2012
$13,200.00 guaranteed lump sum, payable on September 17,2014
Any payments to be made after the death of the Claimant, Whitney Castle, pursuant to
the terms of this Settlement Agreement shall be made to the Estate of Whitney Castle or to such person
or entity as shall be designated in writing to the Insurer or the Insurer's Assignee by the guardian of
Whitney Castle with court approval or from Whitney Castle, herself, upon attaining the age of majority.
If no person or entity is so designated by Whitney Castle, or if the person designated is not living at the
time of said Payee's death, such payments shall be made to the Estate of said Payee. No such
designation, nor any revocation thereof, shall be effective unless it is in writing and delivered to the
Insurer or the Insurer's Assignee. The designation must be in a form acceptable to the Insurer or the
Insurer's Assignee before such payments are made.
All sums set forth herein constitute damages on account of personal physical injuries or
physical sickness, within the meaning of Section 104 (a)(2) of the Internal Revenue Code of 1986, as
amended.
3.0 Claimants' Rights to Payments
Claimants acknowledge that the Periodic Payments cannot be accelerated, deferred,
increased or decreased by the Claimants; nor shall the Claimants have the power to sell, mortgage,
encumber, or anticipate the Periodic Payments, or any part thereof, by assignment or otherwise.
4.0 Consent to Qualified Assignment
4.1 Claimants acknowledge and agree that the Insureds and/or the Insurer may make a
"qualified assignment", within the meaning of Section 130 (c) of the Internal Revenue Code of ] 986, as
Page 3 of6
amended, of the Insureds' and/or Insurer's liability to make the Periodic Payments set forth in Section 2.2
to Allstate Assignment Company, ("the Assignee"). The Assignee's obligation for payment of the
Periodic Payments shall be no greater than that of Insureds and/or the Insurer (whether by judgment or
agreement) immediately preceding the assignment of the Periodic Payments obligation.
4.2 Any such assignment shall be accepted by the Claimants without right of rejection and
shall completely release and discharge the Insureds and the Insurer from the Periodic Payments
obligation assigned to the Assignee. The Claimants recognize that the Assignee shall be the sole obligor
with respect to the Periodic Payments obligation, and that all other releases with respect to the Periodic
Payments obligation that pertain to the liability of the Insureds and the Insurer shall thereupon become
final, irrevocable and absolute.
5.0 Right to Purchase an Annuity
The Insureds and/or the Insurer, itself or through its Assignee, reserve the right to fund
the liability to make the Periodic Payments through the purchase of an annuity policy from Allstate Life
Insurance Company. The Insureds, the Insurer or the Assignee shall be the sole owner of the annuity
policy and shall have all rights of ownership. The Insureds, the Insurer or the Assignee may have
Allstate Life Insurance Company mail payments directly to the Payee. The Claimants shall be
responsible for maintaining a current mailing address with Allstate Life Insurance Company.
6.0 Discharge of Obligation
The obligation of the Insureds, the Insurer and/or Assignee to make each Periodic
Payment shall be discharged upon the mailing of a valid check in the amount of such payment to the
designated address of the Payee named in Section 2 of this Settlement Agreement, or the deposit by
electronic funds transfer in the amount of such payment to an account designated by the Payee identified
in Section 2.
7.0 Representation of Comprehension of Document
In entering into this Settlement Agreement, the Claimants represent that Claimants have
relied upon the advice of their attorneys, who are the attorneys of their own choice, concerning the legal
and income tax consequences of this Settlement Agreement; that the terms of this Settlement Agreement
have been completely read and explained to Claimants by their attorneys; and that the terms of this
Settlement Agreement are fully understood and voluntarily accepted by Claimants.
Page 4 of6
8.0 Warranty of Capacity to Execute Agreement
Claimants represent and warrant that no other person or entity has, or has had, any
interest in the claims, demands, obligations, or causes of action referred to in this Settlement Agreement,
except as otherwise set forth herein; that Claimants have the sole right and exclusive authority to execute
this Settlement Agreement and receive the sums specified in it; and that Claimants have not sold,
assigned, transferred, conveyed or otherwise disposed of any of the claims, demands, obligations or
causes of action referred to in this Settlement Agreement.
9.0 Confidentiality
Except as may be necessary to plead and give effect to the terms and conditions of this
Settlement Agreement , the parties agree that neither they nor their attorneys nor representatives shall
reveal to anyone, other than as may be mutually agreed to in writing, any of the tenns of the Settlement
Agreement or any of the amounts, number or terms and conditions of any sums payable to payee
hereunder.
10.0 Governing Law
This Settlement Agreement shall be construed and interpreted in accordance with the
laws of the Commonwealth of Pennsylvania. Any person who, with intent to defraud or knowing that he
or she is facilitating a fraud against an insurer, submits an application or files a claim containing a false
or deceptive statement is guilty of insurance fraud.
11.0 Additional Documents
All parties agree to cooperate fully and execute any and all supplementary documents
and to take all additional actions which may be necessary or appropriate to give full force and effect to
the basic terms and intent of this Settlement Agreement.
12.0 Entire Agreement and Successors in Interest
Page 5 of6
This Settlement Agreement contains the entire agreement between the Claimants, the
Insureds and the Insurer with regard to the matters set forth in it and shall be binding upon and enure to
the benefit of the executors, administrators, personal representatives, heirs, successors and assigns of
each.
13.0 Tax Liability Clause
It is understood between the parties that Claimants have not relied upon any
representation, expressed or implied, made by Insurer or any of its representatives, as to the tax
consequences of this Settlement Agreement and that Claimants shall release the Insurer and its
representatives from any and all liability in connection with any such tax consequences.
14.0 Effectiveness
This Settlement Agreement shall become effective immediately following execution by
each of the parties.
Claimant: Whitney Castle, a minor
By:
Philip D. Castle, individually, and as parent and natural
guardian of Whitney Castle, a minor
Date:
Claimant: Whitney Castle, a minor
By:
Linda Castle, individually, and as parent and natural
guardian of Whitney Castle, a minor
Date:
Insurer: Penn National Insurance Company
By:
Title:
Date:
Page 6 of6
VERIFICA nON
We verifY that the statements contained herein are true and correct. We understand that false
statements herein Petition are made subject to the penalties of 18 Pa.C.S.A. S 4904, relating to
unsworn falsification to authorities.
p~~ as ~arent and Legal Guardian of
Whitney Castle, a minor
~ ~
~ . d~ ~
Lin Castle, as Parent and egal Guardian of
Whitney Castle, a minor
Dated: It - 17 - () "
CERTIFICATE OF SERVICE
I, Mary M. Price, an authorized agent for Martson Deardorff Williams & Otto, hereby certifY that
a copy of the foregoing Petition for Court Approval of Minor , s Structured Settlement was served this date
by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as
follows:
James J. Cessna
102 South Orange Street
Carlisle, P A 17013
MARTS ON DEARDORFF WILLIAMS & OTTO
L1t1 '--. vf1;. ( ",
By ~~;l~~:
Carlisle, PAl 70 13
(717) 243-3341
Dated; 10/ tLJj 0 t
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WHITNEY CASTLE, a minor, by her
Parents and Legal Guardians,
PHILIP D. CASTLE and
LINDA A. CASTLE,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Petitioners,
v.
NO. 0(, - (p c2D S
(!;uL ~~
JAMES J. CESSNA,
Respondent.
ORDER OF COURT
AND NOW, this "3~ ~ day of ~ou
, 2006, upon consideration of the
attached Petition to Approve Minor's Settlement, said Petition is granted and Respondent is ordered:
1. To pay Minor Petitioner a settlement amount of $25,000.00. With the settlement
amount, Respondent will purchase an annuity with a present value or cost of
$18,750.00. The annuity will make guaranteed lump sum payments to the Minor
Petitioner of$5,412.00 on September 17,2010; $6,029.00 on September 17,2012;
and a final disbursement of$13 ,200. 00 on September 17, 2014, for a total guaranteed
payment of $24,641.00.
2. The remaining $6,250.00 of the settlement amount will be paid to Petitioners'
attorney.
3. Petitioners are authorized to discontinue the aforesaid action and to execute the
Release attached to the Petition as Exhibit "B" for all claims against Defendant
James Cessna arising out of the injuries to minor Plaintiff upon the receipt of the
settlement amount as described above.
BY THE COURT,
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